Even assuming, without deciding, that the trial court erred by admitting a 1989 rape conviction at appellant’s bench trial for three sex crimes, any error was harmless. The minor child’s testimony about appellant’s abuse was corroborated with a DNA test ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant was convicted of several sex crimes at a bench trial, the trial court correctly admitted evidence of appellant’s 1988 rape conviction. Overview Appellant was convicted after a bench trial of two counts of forcible sodomy, object sexual penetration ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where the police found two baggies on the ground close to where appellant was handcuffed, there was sufficient evidence that appellant possessed the cocaine with the intent to distribute. His conviction after a bench trial is affirmed. Possession “The record ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellee’s first murder trial ended in a hung jury, and the second trial was continued at the commonwealth’s request, the trial court did not abuse its discretion by setting a $10,000 pretrial bond. In the trial court Johnston, the ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant assisted in disposing of a body by dumping it “in a garbage-strewn and filthy park, leaving it at the mercy of marauding animals,” he was properly convicted of defiling a dead body under Code § 18.2-323.02. Appellant’s argument ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant did not identify any specific clerical mistake in a sentencing order, the trial court correctly construed appellant’s motion for a nunc pro tunc order as a challenge to the sentence, rather than a motion to correct an error ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant was convicted as one of the perpetrators of a robbery and carjacking, and for using a firearm while committing the robbery, the victim’s identification of appellant was sufficient to sustain the convictions. Credibility “[A]ppellant challenges the sufficiency of ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where the claimant, a flight attendant, asserted that changes in an aircraft’s cabin pressure during a descent caused disabling injuries, she did not refute defendant employer’s evidence that nothing about the flight or the aircraft caused air pressure problems. The ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation

Appellant’s trial-court admission that his conviction order implicitly stated a 20-year period of good behavior, and his concession that he violated the terms of two suspended sentences by committing new offenses, precludes him from taking a contrary position on appeal. ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant was sentenced in accordance with his plea agreement but did not challenge the court’s addition of a requirement that “he be of good behavior for the rest of his life upon his release from incarceration,” he is not ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals